Date: 15 January 2009MEMORANDUM PROMOTING RESPECT FOR WOMENTO UPHOLD GENDER EQUALITY AND NON-DISCRIMINATION IN PARLIAMENT AND STATE ASSEMBLIES (SA)

I. INTRODUCTIONThis memorandum is submitted by MCA Wanita and other women organisations.

We call for stern actions to be meted out against sexist elected representatives both in the Parliament and the State Assemblies and positive measures to create gender sensitivity amongst legislators to promote respect for women and to uphold gender equality and non-discrimination in the Parliament and State Assemblies.

We share a common vision of upholding the principle of substantive gender equality and non-discrimination on the basis of gender through the promotion of women’s human rights. We note with grave concern that the occurrences of sexist, derogatory and gender-insensitive remarks uttered by elected representatives continue to persist. We are concerned that such high level of tolerance against sexism and gender discrimination in the Parliament and State Assemblies is greatly attributed to the lack of or inadequacy of policies or guidelines governing decorum of elected representatives, whether in their substance (existence of such clause prohibiting any forms of gender discrimination), structures (interpretation and application) and cultural element (beliefs and prejudices perpetuating sexism and gender discrimination in the Parliament and State Assemblies).

We have been monitoring sexist behaviour of elected representatives and in particular the Joint Action Group for Gender Equality (JAG) comprising women’s rights groups have been monitoring closely the debates in Parliament since the late 1990s. Until now, no Member of Parliament or State Assemblies who made sexist and discriminatory remarks has been punished by the august House.

Firstly, sexist and offensive language used by members of the highest legislative body in the country reflects blatant disrespect to women and disregard for the decorum of the august House. Secondly, the lack of sanctions or rather the absence of some form of punitive measures seemingly condones sexist behaviour of elected members in the Parliament and State Assemblies in particular and in general that sexist remarks towards women are acceptable. This is further compounded by the support by other elected members or state office bearers either in defense (active support) or silence (passive support) towards sexist behavior of elected members which reinforces discrimination against women. Support whether actively or passively by other elected members or society in general contributes to the creation of an enabling condition conducive for discrimination against women resulting in unjust and unfair treatment towards elected women representatives and also women in general.

We would like to remind that Malaysia has made several commitments which uphold the principle of gender equality and non-discrimination on the basis of gender. At the national level, amendment to Article 8(2) of the Federal Constitution which prohibits any forms of discrimination against any person on the basis of gender is a clear testament to promoting gender equality locally. At the global front, Malaysia, a signatory to the Convention to Eliminate All Forms of Discrimination Against Women (CEDAW) since 1995, has an obligation to uphold principle of gender equality and non-discrimination on the basis of gender.

As such, the sexist and discriminatory remarks made by anyone including legislators of the Parliament and State Assemblies are unconstitutional1 contravening Article 8(2) of the Federal Constitution. Given that elected representatives were voted in to represent all sections of society, such sexist behavior of some elected representatives in both the Parliament and State Assemblies in effect undermines the government’s commitment both at the national and international levels in promoting gender equality and non-discrimination on the grounds of gender.

II. RECOMMENDATIONWe reiterate numerous calls made by various groups and individuals who are committed towards ending sexism and gender bias and discrimination at all levels, in urging and demanding that the Minister in the Prime Minister department in-charge of Parliamentarian affairs, Upper and Lower House Speakers, all elected representative in both the Parliament and State Assemblies to view sexism and gender discrimination seriously and to take immediate measures to end sexism and gender discrimination in the Parliament and State Assemblies.

We propose that the Parliament and State Assemblies adopt the following measures to address sexist and unparliamentarily behavior of elected representatives:

Punitive Measures against sexist elected representatives in the Parliament and State Assemblies

To amend Section 36(6)(b) of the Standing Order of the Parliament and corresponding sections in respective State Assembly Standing Orders to include prohibition of sexist and abusive remarks and/ or behavior to any other member of the House. And failure in adhering to this Order shall result in suspension between two to six months without allowances (or any other order deemed appropriate).4

b) Implement Code of Ethics (for members of Parliament and State Assemblies)To implement a set of Code of Ethics of the Parliament and State Assemblies which include prohibition of sexist and discriminatory remark/ behavior towards another member of the House. To encourage elected members to adhere by the Code of Ethics in addition to Standing Orders.

Penalty: suspension or cut in allowances.

c) Heavier Penalty on Repeat OffendersTo impose a heavier penalty on elected representatives who utter sexist remarks and/ or behave in a discriminatory manner on the basis of gender.

Positive Measures to cultivate sensitivity of all elected members in the Parliament and State Assembliesa) Orientation for all elected representativesTo conduct orientation for all elected representatives including women to familiarize them on Standing Orders and Code of Ethics which are intolerant against sexist remarks and/or behaviors of elected representatives.

b) Compulsory Gender Sensitivity Courses for all elected members in Parliament and State AssembliesTo conduct regular gender awareness training for all elected members to inculcate gender sensitivity on mannerism in the august House, thus refraining from making sexist and derogatory remarks and also to have a gender perspective on bills and laws which they legislate.5

Note: Recently in December 2008, our Parliamentarian representative attended the Inter-parliamentary Assembly (AIPA) meeting in Ho Chi Minh, Vietnam and consensus was reached by AIPA members to conduct orientation for their respective Parliamentarian to enhance professional proficiency.

c) Stern warning at the beginning of each session on the prohibition of any sexist language/ behaviorSpeakers of the Parliament and State Assemblies to remind elected members to observe decorum and that sexist and derogatory remarks are intolerable and punishable under amended Standing Orders and Code of Ethics which include prohibition sexist and discriminatory remark/ behavior towards another member of the House.

With this memorandum, we hope that the government would look into this matter seriously and have the political will to take necessary action to uphold the principle of gender equality and non-discrimination as enshrined in Article 8 of our Federal Constitution.